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HomeMy WebLinkAboutORDINANCES-1961-022-O-61151 22-0-61 AN ORDINANCE Amending Section 27-83 of • Article IV "Motor Vehicles and Traffic" of the Code of the City of Evanston, 1957. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 27-83 of Article IV "Motor Vehicles and Traffic" of the Code of the City of Evanston, 1957, be and the same is hereby amended by adding the following: It shall be unlawful for the operator of any vehicle to back the same into any parking stall in a public parking lot, or to back same at any angle to the curb so as to impede traffic upon a public street. SECTION 2: All ordinances of parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. INTRODUCED April 17 1961 ADOPTED April 24 1961 APPWVED April 24 1961 L A 1Mayor City Clerk Approved as to form: A Corporation Counsel Ma 4 1 61 Published: Y , 9 • • July 10, 1961 To: Bert W. Johnson City Manager Fromg Rex A. Bullinger Corporate Counsel Re° Motor Vehicle Parking Sign Requirements Ordinance 23-0-61, now being considered by the City Council, if adopted, would prohibit the parking of motor vehicles within 8 feet of the approach or within 8 feet beyond a public alley or private driveway. The Uniform Act regulating traffic is provided under Chapter 95% of the Illinois Revised Statutes, Section 98 et. seq. Under Section 122 of the Chapter the provisions of the Act shall be applicable and uniform throughout the state and in all political subdivisions and municipalities and no local authority shall enact any ordinance in conflict with the provisions of the Act unless expressly authorized. Section 123 of the Act provides that the provisions of the U.A.R.T. shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police powers from regulating traffic with respect to 8 specific instances. The one in which we are interested in connection with the proposed ordinance empowers cities with respect to streets and highways under their jurisdiction as follows! 1. Regulating the standing or parking of vehicles. ` Thereafter, Section (b) of Section 123 provides as follows: "No ordinance or regulation enacted under subdivisions (1), (4), (5)9 (6), (7) or (8) of this section shall be effective until signs giving notice of such local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate." It is apparent from the foregoing that in the event that Ordinance 23-0-61 is adopted that signs giving notice of this parking regulation must be posted. Section 185 of the U.A.R.T. grants to the Department of Public Works and Buildings of the State of Illinois authority to prohibit the stopping, standing, or parking of vehicles, or to prescribe time limits for parking, on any street or highway under the control and jurisdiction of the Department or for the maintenance of which the • Department is responsible. Under subsection (b), any such regulations adopted by the Department shall not become effective until appropriate signs are erected indicating such regulations. Under Section 187 of the U.A.R.T., parking is prohibited in front of a public or private driveway. However, the 8 foot regulation is not provided for. It is apparent, therefore, that the enforcement of proposed ordinance 23-0-61 on highways under the control and jurisdiction of the Department of Public Works and Buildings would require the erection of appropriate signs either by the Department or by the City with the consent of the Department. As to those streets solely under the jurisdiction of the City, enforcement of this ordinance would also require the erection of signs in accordance with Section 123, sub- section (b) hereinabove referred to. Coin ion Counsel. -2-